Tag: criminal court

Criminal Court extends detention of two suspects in Dr Afrasheem’s murder case

The Criminal Court has extended the pre-trial detention period of two suspects arrested in connection with the murder of MP and religious scholar Dr Afrasheem Ali.

Local press identified the two suspects as Ali Hashim ‘Smith’ from the island of Dhidhoo in Haa Alifu Atoll, and Hassan Humam from Male’.

The Criminal Court and the police did not give any information to the public on the case and did not revealed what evidence was obtained and produced to the court.

However, Home Minister Dr Mohamed Jameel held a press conference on Sunday where he said that police had found enough evidence to bring the culprits to justice. He declined to provide further details but said police would soon provide more information.

Little is known about the investigation as the police and the government have not divulged any information relating to the investigation.

At a recent Maldivian Democratic Party (MDP) rally, former President Mohamed Nasheed alleged that Police Commissioner Abdulla Riyaz would by now know the person behind the murder and called on the government to bring them before justice.

Nasheed also recalled that police had not been providing any information on the case and claimed that the government was not doing enough to bring the perpetrator to justice.

Several days later, President Dr Waheed Hassan Manik responded to these comments by saying the investigation was underway and that the police would update the public on the investigation.

Minivan News understands that another suspect was arrested in connection with the case, after the police noticed that on the night of Afrasheem’s murder he wore the same colored shirt as caught on the CCTV footage near the area where Afrasheem was murdered.

According to a family member of the suspect arrested, he has not been released yet and his pre-trial detention period has been continuously extended along with the other suspects.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Immediately prior to his murder Afrasheem had made his last public appearanceon a live talkshow on TVM titled “Islamee Dhiriulhun” (Islamic Living).

In his last words, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance and disputed that there was any religious motivation in the death of the moderate scholar.

The Maldives Police Service (MPS) has sought assistance from the US Federal Bureau of Investigation (FBI) and the Singaporean police to analyse 200 items collected as evidence during the ongoing investigation.

Evidence gathered so far includes recordings of phone conversations, forensic samples and over 300 hours of CCTV footage, which were being analysed at the police forensic laboratory with the help of foreign experts.

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Murder suspect blames earlier confession on police brutality, denies charges

Mohamed Samah, who is accused of murdering a police officer on the island of Kaashidhoo in July, has claimed during the second court hearing in the case that the confession he made during the previous hearing was a result of police torture while in custody.

The presiding judge asked if Samah could prove the allegation to the court, but Samah said he could not.

The judge then inquired as to whether he was kept in a separate cell and if he had met with other inmates. Samah replied that at at first he was kept in a separate cell and now he was with other inmates.

However, the judge said that during the trial one could not change what he had said earlier, and reminded Samah that today’s hearing was to hear his response to the statements of the heirs of the deceased.

During the hearing, Samah told the judge that executing him under Islamic Sharia would better for him that the torture he had to faced in prison.

The judge revealed that four of the three heirs of Lance Corporal Adam Haleem wanted to have Samah executed if the court found him guilty of the crime.

The fourth heir of Haleem was a minor, and the judge said he will determine the view of scholars of the four sects of Islam make a decision on how to deal with this particular case concerning taking the statement from the minor.

Before concluding today’s hearing the judge said that a verdict would be delivered next week.

On July 23 Lance Corporal Adam Haleem was stabbed to death on Kaashidhoo island in Kaafu Atoll.

Haleem was attacked while he was on his way to Kaashidhoo police station to report to duty.

While he was on the way to the police station police alleged he saw Mohamed Samah on the road, who was supposed to be under house arrest. Haleem followed Samah to his house and asked him to get himself ready to come with him to the police station.

Samah refused to go to the police station and became angry, police alleged, claiming that he entered his house and took an eight inch knife from the kitchen, which he used to stab Haleem in the left side of the chest.

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Man sentenced to two year’s banishment for stealing RAM from mother’s computer

The Criminal Court on Tuesday sentenced a man to two years banishment for stealing two pieces of RAM from his mother’s computer.

According to the Criminal Court, Ahmed Arushad, of Male’ municipality special register 5269, confessed to stealing the memory chips from his mother Waleedha Abdulla’s computer at Henveiru Madhoshimaage on January 7, 2012.

The court noted that this was Arushad’s second conviction and banished him under article 131(a) of the penal code.

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Court releases 15 suspects arrested in Jalapeno Restaurant

The Criminal Court has released 15 suspects arrested during a police raid on the Jalapeno Restaurant in Male’ last Thursday, reports Sun Online.

A police media official confirmed that the suspects were released by the Criminal Court when they were presented to court for extension of detention.

Three suspects however still remain in custody, the media official said.

The restaurant at the artificial beach area of the capital was temporarily closed down last week after police discovered a number of alcohol bottles under the tables on the second floor of the restaurant in addition to packets containing hashish oil and heroin.

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Court urges strict action against witnesses for changing testimony

The Criminal Court has urged the state to take strict action against prosecution witnesses who change their testimony at court, reports Sun Online.

At Tuesday’s trial on the murder of Ali Shifan, of M. Fairy Corner, the presiding judge said that strict action should be taken against witnesses produced by the state who gave testimony that differed from their statements to the police.

While the witnesses testified at court on Tuesday that they saw Shifan being stabbed, they claimed that none of the six suspects detained by the state were involved in the stabbing.

Based on the testimony, the defence attorney asked the court to dismiss the charges against the accused.

However, the prosecutor objected and requested that the court order police to arrest an additional suspect, Mohamed Mishan Abdul Haadhee, of M. Silver Nest, who had been released.

The judge meanwhile ruled that lack of evidence was not sufficient reason to believe that the accused were not a threat to society. He therefore ordered police to detain Mishan Abdul Haadheen and keep the other accused in detention until the end of the trial.

All six suspects arrested in the murder case denied the charges when they were produced before the Criminal Court in September.

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Eight men charged with VTV vandalism sentenced for seven years

The Criminal Court has sentenced eight men charged with the vandalism of private TV station Villa TV (VTV) to seven years imprisonment.

The court ruled that the witnesses produced by the state told the court they saw the eight men throw stones at VTV security personnel and Maldives National Defence Force (MNDF) officials outside the building and that the testimony was enough to find the accused guilty of the crime.

The judge also said the court was produced with video footage and pictures of the events that day.

The Prosecutor General (PG) had pressed charges against Ismail Hammaadh of Maduvvari in Raa Atoll, Ahmed Hameeed and Hussein Hameed of Alifushi in Raa Atoll, Ahmed Naeem of Henveiru Ladhumaageaage, Hussein Shifau Jameel of Maafannu Nooruzeyru, Aanim Hassan of Ferishoo in North Ali Atoll, Ahmed Muheen of Galolhu Haalam and Mohamed Hameed for vandalising VTV.

The attack on the television station occurred during protests against the re-opening of the People’s Majlis on March 19. The building, as well as the soldiers guarding its entrance on Sosun Magu, came under attack as police tear gas forced the protesters south, past the building from the police barricades nearer to the Majlis building.

President Dr Mohamed Waheed Hassan Manik delivered his opening address to parliament amid widespread anti-government demonstrations, after the Maldivian Democratic Party (MDP) took to the street to prevent him from giving the speech. Violent clashes between police and protesters sparked major unrest in the capital Male’.

Villa TV is owned by resort tycoon, Jumhoree Party (JP) leader and MP Gasim ‘Buruma’ Ibrahim, who is in a coalition with Dr Waheed’s government. Gasim is also a member of the Judicial Services Commission (JSC), the body charged with oversight of the judiciary.

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Court releases opposition MDP activist Naifa with conditions

The Criminal Court has released Maldivian Democratic Party (MDP) activist Mariyam Naifa, who was arrested in connection with the brutal murder of MP Dr Afrasheem Ali.

Naifa, who was presented to court along with two other suspects, was given a conditional release while the detention of the latter two was extended another 15 days.

Local media identified the pair as Ali ‘Smith’ Hashim and Hassan Humaam, however the authorities declined to officially confirm the identities.

Conditions imposed by the Criminal Court on Naifa’s release include a travel ban restricting her from leaving the capital Male’, an order not to talk about the questions posed to her during the police investigation, and a requirement that she cooperate with the ongoing police investigation.

All the detainees were brought to court with their faces covered to conceal their identity from the media.

When the detainees were brought to court, minor confrontations and verbal arguments took place between a group of MDP supporters gathered near the court building and the police cordoning the area, but the gathering was largely peaceful.

Speaking to Minivan News, a family member of Naifa, Aishath Jennifer, said that they were extremely surprised to hear about her arrest especially in relation with such a “heinous crime”.

“We did not at all know what was going on initially. A friend who was with her at the café where she was arrested called and told me that police had taken Naifa into custody. The whole family was very surprised to learn about the arrest, especially in connection with such a heinous crime,” Jennifer said.

Jennifer also claimed that she and Naifa had met the night she was arrested and said she did not have a clue about what happened with the murder, or why police had decided she was connected to it.

“We used to hang out together all the time. After the change of government on February 7, we regularly meet in Usfasgandu. Even the night she was taken into police custody, we met earlier. She did not even give a slight hint or impression about such a thing. Since we are so close, if she was up to something, we would have had at least had a clue or a hint. But we didn’t,” she said.

Speaking about the arrest, Jennifer claimed the police did not give Naifa the chance to read the court warrant before she was taken into the police jeep.

“She only got to know the reason for her arrest when they took her into the jeep,” she added.

Jennifer also said that Naifa was initially not allowed to contact her family and was barred from her right to an attorney.

She also said she doubted the grounds for her sister’s arrest and contended that police did not have any reason for taking her into custody, alleging her arrest was “politically motivated”.

“People know her because of her involvement in MDP rallies. Before that, she was not publicly as well known as she is today. During both court hearings she was presented, neither the police nor the judges were able to inform her of any evidence that police produced against her. They said that it was highly confidential,” Jennifer explained.

“How come they did not reveal the evidence or the details about the charges she was arrested? I think the court had to place conditions on her release because they did a really stupid thing – arrest her in the first place. She is now being barred from her right to freedom of expression because they know that without such a condition, she would definitely talk about it,” she continued.

“This arrest can’t have anything other than political motivation behind it. They know she is an MDP activist and vocal critic of the current government. They would not have noticed her if not for her political identity. This is definitely a politically-motivated arrest,” Jennifer concluded.

Naifa, who is an supporter of former President Mohamed Nasheed and a regular attendee at protests and rallies organised by the MDP, was arrested on October 2 while she was in a local café Dolphin Café’.

According to Naifa’s lawyers, the arrest was made following intelligence received by police in the murder case of MP Afrasheem.

She was later brought before court and her detention was extended to 15 days.

The MDP in a press statement condemned the arrest of Naifa claiming that the arrest was politically motivated and a deliberate attempt by the government of President Waheed Hassan to “instill fear among its supporters.”

Meanwhile, former President Mohamed Nasheed said the arrest gave the opportunity for the real culprits to escape from the law, as the arrest implied that the government was more focused on destroying its political rivals.

Police denied claims the arrests were made based on political affiliation and declined to officially reveal the identities of the detained, claiming that it could hinder the investigation.

On October 3, just a day after Naifa’s arrest, police conducted a search of the MDP’s protest camp at Usfasgandu.

Police did not confirm if the search of the site with metal detectors was related to the murder of Dr Afrasheem.

However MDP MP Eva Abdulla, who was at the site when police arrived, claimed an officer had informed her that the area was being searched in connection with the Afrasheem homicide case.

Several MDP supporters celebrated Naifa’s release on social media, including Twitter and Facebook.

In one of the tweets, former MP and Chair of the Drafting Committee of the Constitutional Assembly Ibrahim ‘Ibra’ Ismail wrote: “Welcome back Nai. We must now seek compensation for your ordeal. Even courts do not have the power to detain [people] arbitrarily.”

“This is a victory. They just tried their best to frame our gal and failed miserably,” another supporter tweeted.

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MDP MP Ibrahim Rasheed charged with assaulting police officer

The trial of Maldivian Democratic Party (MDP) MP Ibrahim Rasheed ‘Bonda’, charged with assaulting a police officer, commenced at the Criminal Court on Wednesday.

According to local media reports, the prosecution claimed that MP Rasheed obstructed police duty during an MDP protest on July 30, 2012 when police officers stopped a group of activists on motorbikes.

The MP for Maafanu South allegedly attempted to push the police back and struck an officer on the chest.

Three police officers at the scene witnessed the assault, the prosecuting attorney said.

At yesterday’s hearing, MP Rasheed pleaded not guilty and contended that the charge was politically motivated.

The MP also criticised the criminal justice system as flawed and requested permission to hire a foreign lawyer.

The judge reportedly assented and informed Rasheed to be present at the next trial date in three days with his lawyer.

Once bitten

Following the incident on July 30, MP Rasheed was arrested and placed under house arrest for five days in early August.

According to a statement by the MDP at the time, MP Rasheed was taken into custody at 12.30am from a popular cafe in the capital Male’ by “20 militarised police.”

“MP Ibrahim Rasheed was arrested under a warrant obtained by the police relating to an incident two days back on 30 July when it was reported that the MP was ‘bitten’ on his back by a policeman in the process of being arrested while participating in a protest rally,” the statement explained.

“The MP was released within a few hours on that day with two other MPs who were also ‘picked up’ with Hon Rasheed.”

Video footage meanwhile emerged on social media showing MP Rasheed’s arrest. A riot police officer appears to bite the MP behind his shoulders during the arrest.

Police however released a statement on July 31 denying that any injuries were caused during the arrest of the three MPs.

The police statement insisted that MP Rasheed’s claim to MDP-aligned private broadcaster Raajje TV that he was bitten by a police officer was “a false allegation.”

Police further claimed that the three MDP MPs resisted arrest, used obscene language and caused varying degrees of injury to police officers. Aside from MP Rasheed, MDP MPs Ahmed Easa and Mohamed Gasam were also taken into custody on July 30.

The statement also accused MP Rasheed of attempting to mislead the public regarding his arrest to bring the Maldives Police Service into disrepute, condemning the MDP MP’s remarks to the media.

The MDP statement meanwhile noted that MP Rasheed was severely beaten by riot police officers on February 8 during a violent crackdown on an MDP march across Male’.

“Hon Rasheed is among 10 MPs who have been the subject of police brutality that have gone unaddressed for the last six months in spite of repeated appeals by the Inter Parliamentary Union to investigate the matter,” the MDP statement added.

While no charges have been brought against the Special Operations (SO) officers caught on camera beating MP Rasheed on February 8, the People’s Majlis secretariat sent a letter to the Police Integrity Commission (PIC) requesting the police watchdog body to “speed up its investigation into the cases of violence against MPs on 8 February 2012.”

Last week, former chair of the PIC, Shahinda Ismail, resigned from the commission citing failure to hold the police accountable for acts of brutality.

Shahindha’s resignation followed the release of the second of three reports looking into incidents of police misconduct that surrounded February’s transfer of presidential power.

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Criminal Court fines five for obstructing police duty

The Criminal Court has sentenced five men to each pay a fine of MVR 3000 within one month on charges of obstructing police duty.

The case against the five men was based on charges that they had broken through police lines on a protest held on the afternoon of 16th March 2012 near the Republican Square.

The five men who were charged are Hussain Niyaz of Handhaan, K. Huraa, Abdulla Saeed of Zamaanee Villa, G.Dh. Gahdhoo, Hussain Afeef of Dhondhun’burige, S. MaradhooFeydhoo, Ibrahim Ahmed of M. Ogum and Ibrahim Shareef of ShakeeleeHiya, R. Hulhudhuhfaaru.

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